FAAD2 Licensing, Now GPL Incompatible? Options

[jstembridge]

Does anyone here know what's going on with the licensing change in FAAD2 cvs? The included COPYING file is still straight GPL, but the source files include the following:

** Software using this code must display the following message visibly in the
** software:
** "FAAD2 AAC/HE-AAC/HE-AACv2/DRM decoder © Ahead Software, www.nero.com"
** in, for example, the about-box or help/startup screen.

Now, IANAL, but that seems GPL incompatible to me, as the GPL states:

You may not impose any further restrictions on the recipients' exercise of the rights granted herein.

I have tried to contact Menno on the matter without any success, can anyone else cast any light/opinions?

[gusnz]

Hmm, I'm not a lawyer, but the last part of Section 2c of the GPL states (as quoted below):

(Exception: if the Program itself is interactive but does not normally print such an announcement, your work based on the Program is not required to print an announcement.)

Section 2C appears to be the portion being discussed (as no-one disputes that credit should remain in the source). It seems that exception would apply to the situation of FAAD2 used as a library, as it normally doesn't "print" output (unless you want it verbally announce the copyright ).

So, this whole point might be moot for non-console versions of the software? If not, this reminds me a little of the recent XFree86 licensing shenanigans in which the XFree86 authors stated that software linking to the X libraries must display a credit notice -- rendering it GPL incompatible and causing a fork by the folks at X.org.

It might be a good idea to reword your license clarification to state: "The credit under Section 2C must be of the form..." or similar? Perhaps check with the FSF?